CHANDER PARKASH VERMA Vs. RAJ RANI

JUDGEMENT

(1.) The petitioners seek quashing of complaint dated 15.4.1993 (Annexure- P1) filed by Raj Rani, complainant against the petitioners - accused under Sections 406 and 498-A I.P.C. and the summoning order dated 15.5.1993 (Annexure-P3) passed by the Judicial Magistrate 1st Class, Ludhiana.

(2.) Raj Rani had married Chander Parkash on 5.7.1991 at Sohna (Haryana). After marriage, the complainant handed over and entrusted dowry articles detailed in the complaint in the presence of Ramji Dass and Ishwar Chander. These articles were taken to village Malaudh by Lal Singh, driver in his tempo. Soon after the marriage, the complainant found that the petitioners - accused were greedy persons. They did not hand over the dowry articles to her and further stated to the complainant that they were expecting Scooter and colour T.V. in the marriage. She was asked to bring scooter and colour T.V. from her father. When the complainant refused to meet the demand the petitioners - accused flared up and started harassing and maltreating her on trivial matters. She was subjected to constant mental and physical torture at the hands of her husband on the instigation of other accused. They also pressed the complainant that her father should sell the house and hand over her share of the sale proceeds to them. The complainant gave birth to a son on 9.1.1993 at Sethi Clinic and even thereafter there was no change in the attitude of the accused towards the complainant. On 17.2.1993. the accused gave merciless beating to her and turned her out of the house in three wearing clothes with a direction to bring scooter, coloured T.V. and share in the house from her father. The complainant went to the house of her uncle at Sohna from where she reached the house of her parents with great difficulty. Her father took Panchayat on 21. 2.1993 to the house of the complainant to return to the matrimonial house but they were adamant with regard to the demand made by them. The complainant asked the accused to return her Istridhan which was entrusted to them. They refused to do so and as such misappropriated the articles given to them. On these allegations, the complaint was filed.

(3.) To support the allegations made, the complainant herself appeared as PW-1. In addition, she examined Ramji Dass as PW-2 who stated with regard to the entrustment of the dowry articles to the accused. Mohan Lal, father of the complainant was examined as PW-3 and he too corroborated her version. On the basis of statements of the witnesses recorded in the preliminary evidence, the learned. Magistrate as per his order dated 15.5.1993 found sufficient grounds for proceeding against the accused under sections 406 and 498-A I.P.C.